Hearing loss decisions — 2014

The Veteran's initial claim for a compensable rating for bilateral hearing loss prior to February 16, 2012 was denied as his audiometric and speech discrimination testing did not meet the criteria for a compensable rating under VA's disability evaluation guidelines.

The Board has determined that the Veteran does not have hearing loss that is related to service, and therefore denied his claim for service connection.

The Veteran's right ear hearing loss is currently manifested by some impairment, but no more than a level II under the applicable provisions. The criteria for a compensable disability rating have not been met.

The Board found that the Veteran's current bilateral hearing loss disability was not incurred or aggravated by service, and thus denied his claim.

The Veteran's right ear hearing loss disability is related to his active military service, and the Board finds that the criteria for service connection are met. The low back and right lower extremity disabilities are inextricably intertwined with the hypertension claim and will be deferred until the hypertension issue is resolved.

The Board has determined that the Veteran's asthma and bilateral hearing loss do not meet or approximate criteria for higher ratings. The Veteran's asthma was not present in service, and there is no evidence linking it to service. His hearing loss does not warrant a rating in excess of 90 percent.

The Board has determined that the Veteran's current bilateral hearing loss is related to his service, specifically his active duty for training (ACDUTRA) and/or inactive duty for training (INACDUTRA), during which he was exposed to noise on the flight line. As such, the claim for service connection for bilateral hearing loss has been granted.

The Veteran's claim for an increased rating for bilateral hearing loss was denied as his service-connected hearing loss is no worse than Level III in the right ear and no worse than Level II in the left ear. The claims for residuals of cold exposure, acquired psychiatric disorder, hypertension, neuropathy, and service connection for a fractured jaw were not addressed due to other decisions or dismissals. The claim for reopening a service connection claim for a fractured jaw was denied as new and material evidence has not been received since the July 2002 denial.

The Veteran's claim for an extension of the delimiting date beyond June 16, 2009 for educational assistance benefits under Chapter 30 (Montgomery GI Bill) was denied as there is no clear evidence that his physical or mental disabilities prevented him from initiating or completing his chosen program of education during his eligibility period.

The Veteran's appeal is being remanded for additional development to address the claims of service connection for bilateral hearing loss, recurrent tinnitus, and an acquired psychiatric disorder other than PTSD.

The Board has determined that the Veteran's service-connected bilateral hearing loss does not warrant a compensable evaluation, as his current level of impairment is rated at zero percent under VA rating criteria.

The Veteran's appeal is being remanded due to the need for additional examination and updated medical records. The issue of an initial compensable evaluation for bilateral hearing loss will be reconsidered after these steps are completed.

The Board has determined that the preponderance of evidence is against a finding that the Veteran's current hearing loss, heart disease, hypertension, vertigo, or lung disease manifested during active duty service or in the year after separation from active duty service; or is related to exposure to radiation during service. Therefore, these claims for service connection are denied.

The Veteran's bilateral hearing loss disability was reduced from a 20 percent rating to a non-compensable rating effective September 1, 2013. The reduction was proper as the November 2012 VA examination showed improvement in his hearing compared to the January 2011 examination.

The Board has remanded the case for additional development due to issues related to service connection for a bilateral hearing loss disability, which is secondary to service-connected tinnitus.

The Veteran's death was not caused by a service-connected disability, and therefore the claim for service connection for the cause of his death is denied.

The Veteran's appeal is being remanded to obtain additional service records and to schedule him for VA examinations to determine the etiology of his bilateral hearing loss and scars. The case will be returned to the Board after these actions are completed.

The Board found no evidence of a nexus between the Veteran's current bilateral hearing loss and tinnitus and his active military service, including noise exposure. The Veteran's claims for service connection were denied.

The Veteran's appeal for an increased evaluation for service-connected bilateral hearing loss is being remanded due to the need for additional development, including obtaining relevant VA outpatient records and scheduling a VA audiometric examination.

The Board has determined that the Veteran does not have a current hearing loss disability for VA compensation purposes and therefore, service connection is denied.